Retainer Agreement For Consulting Services Template for Malaysia

The Retainer Agreement For Consulting Services is designed for use in the Malaysian business environment where organizations require ongoing access to specialized expertise or services. This agreement is particularly valuable when a client anticipates regular need for consulting services and wishes to secure priority access to a consultant's time and expertise through a retainer arrangement. The document comprehensively addresses key aspects required under Malaysian law, including service scope, payment terms, professional obligations, and compliance requirements. It's structured to comply with Malaysian legal framework, particularly the Contracts Act 1950 and relevant professional services regulations, while clearly establishing independent contractor status. The agreement is suitable for various consulting arrangements, from strategic advisory to technical services, and can be customized to specific industry requirements while maintaining its core legal integrity.

1. Parties: Identifies and provides full details of the consultant and the client

2. Background: Sets out the context of the agreement and the parties' intention to enter into a retainer arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Establishes the consultant's appointment and outlines the general scope of services to be provided

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Retainer Fee and Payment Terms: Details the retainer fee structure, payment schedule, and invoicing procedures

7. Consultant's Obligations: Lists the consultant's key responsibilities and service standards

8. Client's Obligations: Outlines the client's responsibilities and commitments

9. Confidentiality: Establishes confidentiality obligations for both parties

10. Intellectual Property: Addresses ownership and usage rights of any IP created during the engagement

11. Independent Contractor Status: Clearly establishes the consultant's status as an independent contractor

12. Limitation of Liability: Sets out the extent and limitations of the consultant's liability

13. Force Majeure: Addresses circumstances beyond parties' control affecting performance

14. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for disputes

15. General Provisions: Includes standard boilerplate clauses like notices, entire agreement, and amendments